Siddiq Frazier v. the State of Texas
This text of Siddiq Frazier v. the State of Texas (Siddiq Frazier v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION
No. 04-23-00610-CR
Siddiq FRAZIER, Appellant
v.
The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR11204 Honorable Michael E. Mery, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
Delivered and Filed: August 16, 2023
DISMISSED FOR WANT OF JURISDICTION
This is an appeal from a conviction for continuance violence against the family. Appellant
applied for deferred adjudication and pleaded no contest on December 7, 2020. Appellant was
required to follow the terms of community supervision for three years. He failed, and his
community supervision was revoked. On May 3, 2023, Appellant was sentenced to two years’
imprisonment and a $4,000 fine.
The trial court at first certified that Frazier had waived his right to appeal, but then corrected
the certification to show that Frazier maintained a right of appeal. See TEX. R. APP. P. 25.2(a)(2). 04-23-00610-CR
On June 12, 2023, Frazier filed a notice of appeal pro se. Contra TEX. R. APP. P. 26.2(a) (requiring
a defendant to perfect his appeal within thirty days of the judgment). On June 23, 2023, the trial
court filed an amended certificate of appeal that certified Frazier had waived his right of appeal.
See id. R. 25.2(a)(2).
On July 14, 2023, we issued an order to show cause, requiring Appellant to explain why
the appeal should not be dismissed for want of jurisdiction both because his notice of appeal was
untimely 1 and because the trial court certified that he did not have a right to appeal. 2 We warned
Appellant that if he failed to provide a reasonable explanation, his appeal would be dismissed
without further notice. Appellant filed no response.
We now dismiss the purported appeal for want of jurisdiction.
Do Not Publish
1 A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). 2 Contra TEX. R. APP. P. 25.2(a)(2)
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